TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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IPilogue

MAY 26, 2022

The Act states that copyright owners are entitled to “damages and profits of the infringer that are attributable to the infringement.”. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. The fair use defence is rarely used in music sampling cases.

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SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What the Second Circuit’s “Fair Use” Analysis tells us ?

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Copyright Law Copyright Fair Use Law 105

SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

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Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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Copyright Lately

DECEMBER 29, 2024

Ignoring the technical and practical realities of modern online content sharing risks turning every casual social media user into a potential copyright defendant. Chicken Joes earns its spot on my list of the years worst copyright decisions. Fair Use Declawed. law in generalapplies only to domestic rights.

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Copyright Social Media Cease and Desist Fair Use 116

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? The court says the defendants waived any fair use defense by briefing it inadequately. This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Greer] money.”

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Copyright Law Copyright Law Copyright Infringement 115

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds.

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Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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Copyright Lately

OCTOBER 20, 2024

Skiplagged countered that its use of the logo fell under “ nominative fair use ,” explaining that the logo was used only to identify the airline, not to suggest sponsorship or endorsement. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

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43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

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IPilogue

OCTOBER 26, 2021

copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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Technology & Marketing Law Blog

AUGUST 19, 2024

It implicates most of the key issues, including copyrightability (especially the idea/expression dichotomy); infringement; and fair use. The opposite of “copying-in-fact” is independent creation, i.e., the defendant independently executed a similar output to the copyright-protected work.

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Copyright Fair Use Copying Blogging 122

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” These groups also reject the fair use arguments.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

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Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use.

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Copyright Social Media Fair Use Licensing 145

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

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Social Media Copyright Fair Use Licensing 140

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. What is Fair Use (or Fair Dealing) in India?

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The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

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TorrentFreak

JUNE 24, 2024

Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.

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Music Copyright Fair Use Copying 111

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

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Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. Google argued that the material it used from Oracle’s APIs was not copyrightable because of this lack of creative expression. Weighing the fair-use factors, the Court found in Google’s favor.

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Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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